This article deals with the issue of whether alcoholism should qualify as a disability under the Americans with Disabilities Act. Under this theoretical category, an employee or potential employee would have a cause of action once he shows his disability no longer interferes with his ability to perform his job. One example of a prospective plaintiff is a recovering alcoholic. The author addresses the difference between a disparate impact claim and a disparate treatment claim and asserts what employers should do to ensure they do not run afoul of the ADA.
O'Brien, Christine Neylon
"Facially Neutral No-Rehires Rules and the Americans with Disabilities Act,"
Hofstra Labor & Employment Law Journal: Vol. 22
, Article 4.
Available at: http://scholarlycommons.law.hofstra.edu/hlelj/vol22/iss1/4